Justice360 – Legal Bulletin: Material Support for Terrorism

1. What is Material Support for Terrorism?

United States Code § 2339B is commonly referred to as the "Material Support for Terrorism" law. It outlaws certain conduct which is considered by the United States government to be helpful to terrorism. Specifically, the law outlaws providing material support or resources to a designated Foreign Terrorist Organization (FTO), or attempting or conspiring to do so.

2. What is the punishment for this crime?

An individual convicted under U.S.C. § 2339B could face up to 15 years in prison. If the material support involved leads to a death, the punishment could be more severe. Fines and property confiscation are also possibilities.

3. Which organizations does the United States of America officially consider Foreign Terrorist Organizations?

The list of FTOs includes Hizbullah, Hamas, and Islamic Jihad, among others. The complete list as of November 2010 is available at:

 http://www.state.gov/s/ct/rls/other/des/123085.htm.

4. How is an organization added & removed from the FTO list?

The Secretary of State (currently Hillary Clinton) designates an entity a foreign terrorist organization as authorized by § 219 of the Immigration and Nationality Act. An organization may challenge this designation by appealing to the United States Court of Appeals for the District of Columbia.

5. If one is accused of Material Support, can they argue the FTO is not a terrorist group but rather is a legitimate resistance movement?

No. If you are charged with providing material support to an FTO, you can not as a defense claim that the organization is not really a Terrorist Organization.

6. How does this affect me? What can’t I do? What actions are considered "Material Support"?

Providing an FTO with any property (tangible or intangible) or service is considered to be material support. Specifically, providing any currency, monetary instruments, or financial securities is considered material support. Additionally, providing an FTO or it's member with lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, and transportation are all also considered forms of material support.

7. Do I have to know that my actions were furthering "terrorism" in order to be convicted?

No. Material Support for terrorism is not a “specific intent” crime. Providing material support becomes a crime when the government can prove that you knew the organization was an FTO, or that you knew the organization engages in what the government considers "terrorism" or "terrorist activities."

8. How often are Americans accused of Material Support?

Between 2001 and 2009, 83 individuals have been charged with Material Support for Terrorism according to a report by Human Rights First. Of these 83 defendants, 40 have been convicted of Material Support, and 17 were convicted of a lesser offense.

9. What are some circumstances in which Muslims living in the United States been convicted of Material Support?

In New York, Javed Iqbal was sentenced to five years in prison for providing his customers satellite broadcasts of Hizbullah's al-Manar Television.

In Texas, five officers of the Holy Land Foundation were sentenced to 15 years in prison in connection with the money their organization sent to help charitable causes in occupied Palestine.

10. What direction is this law headed in?

The direction the law is headed should concern Muslims. In the 2010 decision of Holder v. Humanitarian Law Project the U.S. Supreme Court ruled that even teaching an FTO how to peacefully advocate is Material Support. The Supreme Court ruled that helping an FTO engage in legal activities frees resources for the FTO to service their illicit activities; lends legitimacy to the organization; and may strain diplomatic relations with the countries against whom the organization's terrorist activities may be directed. Experts have noted that this decision will lead to the chilling of our First Amendment rights to freedom of speech and association.

11. Is it a crime to speak in a positive manner about a Foreign Terrorist Organization or its members?

No. According to United States Supreme Court, under the material-support statute, as an individual, one can say "anything they wish on any topic." One may speak or write freely about a Foreign Terrorist Organization as an individual. According the US Supreme Court, pure political speech remains legal.

However speech that is considered "Material Support" is not legal. Speech that may be considered "Material Support" is something you say directly to an FTO (depending on what you say) or something you say on behalf of an FTO.

12. What does this mean for my freedom of association?

The Supreme Court stated that the Material Support law does not make it a crime to be a member of an FTO, nor does it penalize "mere association" with an FTO, nor does it prohibit "vigorously promoting and supporting the political goals of the group..."

But providing Material Support to an FTO is a crime. This may include conduct or even something you say to a member of an FTO, or on behalf of an FTO.

13. What are the practical implications of this law on my life? What steps should I take to ensure that I am not violating the Material Support law?

There are some basic steps we can take as Muslims living in the United States in order to ensure we are not in contravention of this law. To begin, familiarize yourself with the list of Foreign Terrorist Organizations provided above. Pay particular attention to any organizations which reside in nations you frequently travel to, or frequently donate to. Keep the above discussion on what is "Material Support" in mind.

When you donate to charitable causes, make sure you are donating to organizations that are transparent. Keep records of any financial transactions or donations you make. One thing you should not do is stop donating to causes you believe in. That is your legitimate right. More information on charitable donations will be discussed in our next Legal Bulletin which will be released on January 1, 2011.

In the context of speech, it is not a crime in and of itself under the Material Support law to say what you believe or to hold particular political views. It is also not a crime to read a certain book or post a certain picture. However, in order to be in accordance with the Material Support law, remain independent from FTOs.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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